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Terms and Conditions

The following Terms and Conditions govern your use of the TrueContext Corporation (or "TrueContext") web site(s), as well as the materials accessible on or from the site(s). They contain exclusions of warranties and limitations of liability. Please read them carefully before entering the site, and refer to them as necessary as you explore the web site(s). Your access or use of the site means that you accept these Terms and Conditions even if you choose not to read them. TrueContext Corporation reserves the right to revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review these terms and conditions.

Copyright notice

The contents of the web site are copyright © 2001-2005 TrueContext Corporation. All Rights Reserved. Information on the web site, including but not limited to text, images and sound, may not, except for strictly private purposes or as otherwise expressly permitted, be reproduced, transferred, distributed or stored without the prior written permission of TrueContext Corporation. Modifications to the contents of the web site are expressly prohibited. Some parts of the web site may contain images that are subject to the copyright rights of their providers.

Trademarks

TrueContext, the TrueContext logo, mExperience, mXForms, mXDocs, mXManager and mXDesigner are trademarks, salesmarks or registered trademarks of TrueContext Corporation and may be used publicly only with written permission from TrueContext Corporation and with proper acknowledgment. All other trademarks, brands, and names are the property of their respective owners.

Patents pending

The innovative services, solutions, software and technology of TrueContext Corporation are the subject of patents under application. Any party wishing to copy, derive or develop similar services, software, or technology is advised to contact TrueContext Corporation in advance of so doing, to ensure non-infringement of TrueContext intellectual property or to discuss a license to use TrueContext service, solutions, software and technology.

Confidentiality

Those areas of the TrueContext Corporation web site(s) which you access by using a password or other security device may contain proprietary and confidential information of TrueContext Corporation and its suppliers, including without limitation engineering documents, manuals, software, demonstrations, program listings, product pricing, data file printouts, and other technical and marketing information ("TrueContext Confidential Information"). By accessing TrueContext Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your customers. You also agree to use reasonable care with this Confidential Information and to only disclose it within your company to employees who need to know it and who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by these Terms and Conditions. You will not alter, decompile, disassemble, reverse engineer, modify, or disclose to any third party any TrueContext Corporation Confidential Information that you receive.

Exclusion of Warranties and Liability

THE MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. TRUECONTEXT CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE, VALIDITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE. TRUECONTEXT CORPORATION DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER, SUPPLIER OR MERCHANT OF ANY INFORMATION, PRODUCTS OR SERVICES. IN NO EVENT SHALL TRUECONTEXT CORPORATION, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE MATERIALS ON THIS SITE, OR ANY CONSEQUENCES FLOWING THEREFROM, EVEN IF TRUECONTEXT CORPORATION OR A TRUECONTEXT CORPORATION AUTHORIZED REPRESENTATIVE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH, AND WHETHER BASED IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY.

TrueContext Corporation has attempted to provide accurate information on this web site as a service to you. However, we assume no responsibility for, and make no representations with respect to, the accuracy of the information. TrueContext Corporation may change the programs or products mentioned on this web site at any time without notice. Mention of non-TrueContext Corporation products or services is for your convenience and for information purposes only, and constitutes neither an endorsement nor a recommendation. Because international information is provided at this web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Indemnity

You agree to indemnify TrueContext and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your access to or use of this web site or any web site to which this web site is or may be linked from time to time; (b) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (c) your violation of any law or regulation.

Linked Sites

This Site may contain links to other sites as well as electronic mail links. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than TrueContext Corporation and TrueContext Corporation assumes no responsibility for the accuracy or appropriateness of the information in such sites. The inclusion of any link to another site or mention of another party or its products or services on the linked site should not be construed as an endorsement of that party or its products or services. If you decide to access any linked site, you do so entirely at your own risk. TrueContext Corporation reserves the right to terminate any link to this Site.

Software Licenses

All software that is made available for downloading from this Site is protected by copyright and may be protected by other rights. Your downloading and use of any such software is conditioned on your agreement to be bound by the terms of the software license agreement or designated legal notice accompanying such software.

Third Party Submissions

This Site may contain materials ("Third Party Content") submitted by other users. TrueContext Corporation is not responsible for and does not represent or warrant the truthfulness, accuracy or reliability of any Third Party Content. TrueContext Corporation is not responsible for screening or monitoring any Third Party Content posted by users of this Site. If notified of Third Party Content which allegedly breaches these terms and conditions, TrueContext Corporation may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Third Party Content. TrueContext Corporation has no liability for performance or non-performance of such activities. Any reliance on material posted by other users of the Site will be at your own risk.

General

These Terms and Conditions and the use of this web site shall be governed by the laws in force in the Province of Ontario, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the Province of Ontario. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. The parties hereto are independent contractors. These Terms and Conditions are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any written agreements with TrueContext Corporation that expressly reference these terms and conditions, this is the entire agreement between you and TrueContext Corporation relating to the matters contained herein and shall not be modified except in writing by TrueContext Corporation.